Illinois General Assembly - Full Text of SB3796
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Full Text of SB3796  102nd General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Toll Highway Act is amended by changing
5Sections 4, 6, and 8 and by adding Section 7.2 as follows:
6    (605 ILCS 10/4)  (from Ch. 121, par. 100-4)
7    Sec. 4. Of the directors appointed by the Governor, one
8such director shall be appointed by the Governor as chairman
9and shall hold office for 4 years from the date of his
10appointment, and until his successor shall be duly appointed
11and qualified, but shall be subject to removal by the Governor
12for incompetency, neglect of duty or malfeasance. The term of
13the initial chairman appointed under this amendatory Act of
14the 100th General Assembly shall end March 1, 2021 and the
15chairman shall serve until his or her successor is duly
16appointed and qualified.
17    The chairman shall preside at all meetings of the Board of
18Directors of the Authority; shall exercise general supervision
19over all powers, duties, obligations and functions of the
20Authority; and shall approve or disapprove all resolutions,
21by-laws, rules, rates and regulations made and established by
22the Board of Directors, and if he shall approve thereof, he
23shall sign the same, and such as he shall not approve he shall



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1return to the Board of Directors with his objections thereto
2in writing at the next regular meeting of the Board of
3Directors occurring after the passage thereof. Such veto may
4extend to any one or more items contained in such resolution,
5by-law, rule, rate or regulation, or to its entirety; and in
6case the veto extends to a part of such resolution, by-law,
7rule, rate or regulation, the residue thereof shall take
8effect and be in force, but in case the chairman shall fail to
9return any resolution, by-law, rule, rate or regulation with
10his objections thereto by the time aforesaid, he shall be
11deemed to have approved the same, and the same shall take
12effect accordingly. Upon the return of any resolution, by-law,
13rule, rate or regulation by the chairman, the vote by which the
14same was passed shall be reconsidered by the Board of
15Directors, and if upon such reconsideration two-thirds of all
16the Directors agree by yeas and nays to pass the same, it shall
17go into effect notwithstanding the chairman's refusal to
18approve thereof. The process of approving or disapproving all
19resolutions, by-laws, rules, rates and regulations, as well as
20the ability of the Board of Directors to override the
21disapproval of the chairman, under this Section shall be set
22forth in the Authority's by-laws. Nothing in the Authority's
23by-laws, rules, or regulations may be contrary to this
25    The chairman shall receive a salary of $18,000 per annum,
26or as set by the Compensation Review Board, whichever is



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1greater, payable in monthly installments, together with
2reimbursement for necessary expenses incurred in the
3performance of his duties. The chairman shall be eligible for
5(Source: P.A. 100-1180, eff. 2-28-19.)
6    (605 ILCS 10/6)  (from Ch. 121, par. 100-6)
7    Sec. 6. Immediately after such appointment and
8qualification as hereinafter provided said chairman and
9directors shall enter upon their duties. The directors shall
10biennially select a secretary, who may or may not be a
11director, and if not a director fix his compensation. The
12directors shall also appoint other agents or employees as they
13consider necessary or desirable. Such agents or employees,
14other than technical or engineering employees, shall be
15subject to the Personnel Code. Six directors shall constitute
16a quorum. No vacancy in the said Board of Directors shall
17impair the right of a quorum of the directors to exercise all
18the rights and perform all the duties of the Authority.
19(Source: P.A. 81-1363.)
20    (605 ILCS 10/7.2 new)
21    Sec. 7.2. Toll Highway Executive Director. The Governor,
22with the advice and consent of the Senate, shall appoint from
23the State at large an Executive Director to the Authority to
24serve as the chief executive officer of the Authority. The



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1Board shall employ and fix the compensation of the Executive
3    (605 ILCS 10/8)  (from Ch. 121, par. 100-8)
4    Sec. 8. The Authority shall have the power:
5    (a) To acquire, own, use, hire, lease, operate and dispose
6of personal property, real property (except with respect to
7the headquarters building and surrounding land of the
8Authority located at 2700 Ogden Avenue, Downers Grove,
9Illinois, which may be sold or mortgaged only as provided in
10Section 7.5 of the State Property Control Act to the extent
11that such property is subject to the State Property Control
12Act at the time of the proposed sale), any interest therein,
13including rights-of-way, franchises and easements.
14    (b) To enter into all contracts and agreements necessary
15or incidental to the performance of its powers under this Act.
16All employment contracts let under this Act shall be in
17conformity with the applicable provisions of "An Act
18regulating wages of laborers, mechanics and other workers
19employed under contracts for public works," approved June 26,
201941, as amended.
21    (c) To employ and discharge, without regard to the
22requirements of any civil service or personnel act, such
23administrative, engineering, traffic, architectural,
24construction, and financial experts, and inspectors, and such
25other employees, as are necessary in the Authority's judgment



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1to carry out the purposes of this Act; and to establish and
2administer standards of classification of all of such persons
3with respect to their compensation, duties, performance, and
4tenure; and to enter into contracts of employment with such
5persons for such periods and on such terms as the Authority
6deems desirable.
7    (d) To appoint by and with the consent of the Attorney
8General, assistant attorneys for such Authority, which said
9assistant attorneys shall be under the control, direction and
10supervision of the Attorney General and shall serve at his
12    (e) To retain special counsel, subject to the approval of
13the Attorney General, as needed from time to time, and fix
14their compensation, provided however, such special counsel
15shall be subject to the control, direction and supervision of
16the Attorney General and shall serve at his pleasure.
17    (f) To acquire, construct, relocate, operate, regulate and
18maintain a system of toll highways through and within the
19State of Illinois. However, the Authority does not have the
20power to acquire, operate, regulate or maintain any system of
21toll highways or toll bridges or portions of them (including
22but not limited to any system organized pursuant to Division
23108 of Article 11 of the Illinois Municipal Code) in the event
24either of the following conditions exists at the time the
25proposed acquisition, operation, regulation or maintenance of
26such system is to become effective:



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1    (1) the principal or interest on bonds or other
2instruments evidencing indebtedness of the system are in
3default; or
4    (2) the principal or interest on bonds or other
5instruments evidencing indebtedness of the system have been in
6default at any time during the 5 year period prior to the
7proposed acquisition.
8    To facilitate such construction, operation and maintenance
9and subject to the approval of the Division of Highways of the
10Department of Transportation, the Authority shall have the
11full use and advantage of the engineering staff and facilities
12of the Department.
13(Source: P.A. 93-19, eff. 6-20-03.)